State v. Boleyn

ANDREASEN, Justice.

Tommie R. Boleyn was convicted of operating while intoxicated (OWI), second offense, in violation of Iowa Code section 321J.2 (1993) and driving while his license was barred in violation of Iowa Code section 321.561. On appeal, he contends that the district court erred in failing to grant his motion for judgment of acquittal for lack of showing that he was operating a motor vehicle. Although Boleyn was not operating the vehicle when encountered by police officers, we find sufficient circumstantial evidence that Boleyn had operated the vehicle while intoxicated. Accordingly,…